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How to Get a DWI Breath Test Dismissed

One of the worst feelings in the world is seeing red and blue emergency lights in your rearview mirror. You immediately begin to stress and wonder how you can get out of this one. If you had a few too many drinks before getting behind the wheel, you have a reason to be concerned. DWI laws in New Jersey are extremely stringent and penalties are severe.

That being said, even if you had an elevated BAC level (Blood Alcohol Content) when you took the breath test, it’s important to talk with an experienced NJ DWI lawyer. You may be able to get the breath test results dismissed.

In order to have a breath test dismissed, the first thing you need to determine is whether or not the traffic stop was legal. The only reasons for traffic stops include the following:

  • Violating a traffic law
  • Equipment violation
  • Irregular or erratic driving
  • Vehicle matches description of car involved in a crime or a stolen vehicle
  • DWI checkpoint

If you feel you were pulled over for another reason — racial profiling, for example — you will need to go to court and present your case to a judge. Having an attorney by your side is an excellent idea. In addition to presenting your case, the lawyer can try to argue “lack of probable cause” for the breath test. Other defenses include:

  • An invalid traffic stop
  • Lack of probable cause that you were under the influence
  • Legitimate reason for refusing to take the chemical or breath test

Another possibility is that the breath test results or chemical test results are invalid. The breath test machine is just that — a machine. Tools that aren’t properly maintained and calibrated can return false positives. Further, an officer must be trained and certified to operate the machine and conduct the test. If any of those items are at issue, your attorney can call the entire test into question.

If you or a loved one has been charged with DWI, contact an experienced NJ DWI lawyer at Jon Bramnick Law. We will discuss your rights and review the police report to find any discrepancies.

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